2023 (10) TMI 383

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.... complainant has been allowed. 2. The facts giving rise to the present petition in brief are that in the year 2012 the respondent / complainant has filed a complaint under Section 138 of Negotiable Instruments Act, 1881 (in short, 'NI Act') and Section 420 of Indian Penal Code, 1860 (in short, 'IPC') alleging that present petitioner / accused has issued a cheque bearing number 033284 of an amount of Rs.50,000/- to the respondent, which got dishonoured by the Bank. 3. Before the trial Court, both the parties have examined their witnesses and at the stage of final argument, respondent / complainant has filed an application under Section 311 of Cr.P.C. for re-examination of the petitioner in light of the certain documents pro....

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.... has obtained certain new documents, which relates to the Proprietorship of the petitioner / accused Firm. It is also alleged that letter of authority has also been issued in favour of the petitioner / accused. Therefore, in view of the new documents filed by the respondent re-examination of the petitioner / accused is just and proper. 8. The scope and object of Section 311 of Cr.P.C. is to enable the Court to determine the truth and to render a just decision after discovering all relevant facts and obtaining proper proof of such facts, to arrive at a just decision of the case. It is also notable that such power must be exercised judiciously and not capriciously or arbitrarily, therefore, it is not a case of lacuna. 9. In support of her c....

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....27) : "It is therefore clear that the Criminal Court has ample power to summon any person as a witness or recall and re-examined any such person even if the evidence on both sides is closed and the jurisdiction of the Court must obviously be dictated by exigency of the situation, and fair play and good sense appear to be the only safe guides and that only the requirements of justice command the examination of any person which would depend on the facts and circumstances of each case." Dealing with Corresponding Section in the old Code Section 540. Hidyatullah Jias the learned Chief Justice then was) speaking for a three-judge bench of this Court had said in Jamatraj Kewalji Govani v. The State of Maharashtra, [1967] 3 SCR 415 as follows (p....